Michael Wilton v. City and County of San Francisco

60 F.3d 836 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael WILTON, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee, No. 94-15116. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1995. Decided July 7, 1995. Before: SCHROEDER, BEEZER and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Michael Wilton, a gardener with the San Francisco Department of Recreation and Parks, appeals the district court's grant of summary judgment to the City and County of San Francisco ("City") in Wilton's race discrimination and retaliation action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e to 2000e-17, and the California Fair Employment and Housing Act, Cal.Gov't Code Secs. 12900 et seq. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 * Following a series of employment decisions that Wilton believed were motivated by race and retaliatory motives, Wilton, who is black, filed a charge with the…